The lawyers of the Parliament reject in their legal report the possibility that Carles Puigdemont can be invested telematically or delegated, since they emphasize that the investiture must be with the “direct and personal” participation of the candidate.
In the report, at the request of the PSC, the lawyers explain that “respect for the basic rules of parliamentary procedures” makes the attendance of the protagonists to the debate “essential” without any means interposed or substitution of the person who has to be the main protagonist “, according to the law and the regulations, they point out.
The report, requested by the president of the Parliament Carme Forcadell, at the request of the PSC, and which is not binding, is signed by all the lawyers of the Parliament, including the secretary general, Xavier Muro, the senior lawyer, Antoni Bayona, and six more jurists, among whom is Joan Ridao, former secretary general of ERC.
The lawyers allude in the final part of the letter to the investiture of the President of the Generalitat, on which they introduce “preliminary analysis”, despite the fact that Forcadell had not explicitly asked them to position themselves on this issue and had left the decision to request a report on the matter in the hands of the Table that would emerge once the new Parliament is constituted.
But in the section on cases of delegation of vote, lawyers take advantage of this point to also refer to which debates have a “special nature” that require that a specific deputy “must necessarily participate”, such as “the investiture, the motion of censure and the question of confidence”.
The lawyers emphasize that an investiture goes beyond an “act of mere ratification or confirmation of a person as president” and supposes “to promote a dialogue” between the candidate and the rest of the deputies so that the former achieves the necessary support.
Interpretation of the Age Table
Likewise, the lawyers point out that the chamber’s regulations do not contemplate the cases of proxy voting due to not being able to return from abroad or due to being in prison, although in the latter case they open the door to the interpretation made by the Age Group on the day of the constitution of the Parliament.
The case affects the elected deputies of JxCat and ERC who are in Brussels –Carles Puigdemont, Clara Ponsatí, Antoni Comín, Lluís Puig and Meritxell Serret– or those who are still in prison –Oriol Junqueras, Joaquim Forn and Jordi Sànchez– before the constitutive session of this Wednesday.
The document emphasizes that the causes that allow the delegation of vote are “maternity or paternity leave and duly accredited cases of hospitalization, serious illness or prolonged disability” and it makes it clear that said incapacity refers to circumstances related to health.
Despite the order of the Supreme Court opening the door for Junqueras to delegate his vote, they emphasize that said resolution cannot be understood as a “mandate addressed to Parliament regarding the application and interpretation of the regulations”, because they are functions that are “exclusively” competence. to the Catalan camera.
In any case, the lawyers point to the Age Table as the body that must resolve requests for delegation of vote.
George Holan is chief editor at Plainsmen Post and has articles published in many notable publications in the last decade.